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Legal dilemma of joint ownership by married couples for purchase of a house under private lease schemes in Malaysia

Syed Abdul Kader, Sharifah Zubaidah and Mohd. Noor, Zemilah (2021) Legal dilemma of joint ownership by married couples for purchase of a house under private lease schemes in Malaysia. In: Family law in Malaysia and beyond: towards sustainable family institutions. Jabatan Kehakiman Syariah Malaysia & AIKOL, IIUM, Putrajaya, Malaysia, pp. 41-55. ISBN 978-967-0870-87-8

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Abstract

A married couple may decide to purchase a house as their matrimonial home. To legally own the house together, both their names should appear on the document of title as co-proprietors. In such case, the vendor will transfer the title into the names of both, husband and wife to hold in equal undivided shares and a co-proprietorship is created. Several housing schemes in Malaysia have begun moving towards selling private leases of houses. Instead of purchasing the house, the couple purchases a lease of the house. In such a case, the couple may not be able to create a co-proprietorship over the house as there is a legal barrier to this under section 225(2) of the National Land Code 1965. Through qualitative research method, incorporating legal doctrinal and practitioner anecdotal analysis and case studies, this paper examines the concepts of matrimonial home, co-proprietorship, private lease and explores the reason for this legal dilemma. It identifies three different models of private lease schemes and determines whether or not a co-proprietorship may be created under the respective models. It then recommends reform of legal provisions and conveyancing practice to address such dilemma.

Item Type: Book Chapter
Additional Information: fp d10KPG540F198M 2021
Uncontrolled Keywords: matrimonial home, co-proprietorship, private lease schemes
Subjects: K Law > K720 Property Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof. Dr. Sharifah Zubaidah Syed Abdul Kader
Date Deposited: 09 Dec 2021 12:38
Last Modified: 09 Dec 2021 12:38
URI: http://irep.iium.edu.my/id/eprint/89741

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